Revised lawsuit claims James Martin interfered with his mayoral powers.

Macungie Mayor Rick Hoffman has accused Lehigh County District Attorney James Martin of acting improperly by interfering in his months-long dispute with the police department.

Hoffman makes the accusation among a list of claims spelled out in a revised lawsuit filed in Lehigh County Court this week against the borough, Borough Council, police Chief Edward Harry Jr. and the police officers union.

The mayor, amending a complaint originally filed in March, says he issued a June order that all undercover police work be approved by him and that Martin prevented that from happening, the lawsuit says. The mayor has been seeking access to the police department and its records.

Harry subsequently consulted with Martin, who advised that it was an illegal and unenforceable directive, the suit contends.

"The District Attorney is directly interfering with the power of the mayor … to deal with the day to day operation of the police department and his actions are improper," the suit says.

Martin, who has intervened in the lawsuit, said Tuesday that Hoffman is trying to get access to information to which he is not entitled. Martin said he is trying to protect the "prerogatives" of law enforcement based on the Criminal History Record Information Act of 1980 and the Municipal Police Jurisdiction Act of 1982.

"He has no need to know that information [about undercover probes] and, quite frankly, shouldn't," Martin said. "He's far beyond the scope of his duties as the mayor when it comes to those areas."

Hoffman's suit also takes Borough Council to task, claiming it is plotting to cause the mayor financial harm or cost him his home.

The suit points to an Oct. 25 budget meeting at which council members are heard discussing the idea of dragging out the lawsuit. A transcript of the meeting, filed with the suit, quotes Councilman David Boyko as discussing the option.

"You could drag it out, raise the hurdles so that [the mayor's] expenditures, that he personally has to expend for his attorney, gets to be ridiculous, that he is concerned about losing his house," according to the transcript.

Council members have been advised by their attorneys not to comment on the discussions that took place at that meeting. "The information that is being quoted is one council person's statement or opinions. It is not the position of the entire council and no action was taken at that meeting," said Jeffrey Stewart, the attorney representing the borough.

The suit requests that a judge order the borough to reimburse the mayor for legal fees. The mayor also wants individual council members to repay the borough money he claims was "illegally" paid to Harry after he was reinstated from a previous suspension ordered by the mayor and later overturned by council.

The mayor, after filing the original lawsuit, reached a settlement under which he would get access to police officer schedules, copies of surveillance video and incident and investigative reports that may be redacted by the chief. He is entitled to see investigative evidence in the presence of the chief. The two sides met to discuss the status of the settlement in court last month, at which time Hoffman attorney Jeffrey Dimmich said an amended suit would be filed.

"I understand [Hoffman's] position. I understand the district attorney's position," council President Guy Ramsey said Tuesday. "I, along with other members of borough council, will do as we're directed by the judge."

Hoffman makes a number of other requests in the suit. He wants the ability to issue orders to all officers, not just the chief; access to all files, records and documents; a key to the police department; and a judge to declare illegal a provision in the police force's collective bargaining agreement requiring the chief to set the work schedule.